Kedinger v. DVR of State of Wisconsin et al

Filing 4

ORDER signed by Magistrate Judge William E Duffin. IT IS THEREFORE ORDERED that the petition and affidavit to proceed without prepayment of fees and/or costs is granted. IT IS FURTHER ORDERED that the complaint and this action are hereby dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The Clerk shall enter judgment accordingly (cc: all counsel, plaintiff) (asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DEAN KEDINGER,
Plaintiff,
v.

Case No. 14-CV-1368

DVR OF STATE OF WISCONSIN, et al.,
Defendants.
ORDER
On October 29, 2014, plaintiff Dean Kedinger, proceeding pro se, filed a
complaint utilizing this court’s standard pro se complaint form. (ECF No. 1.) He
incorporated into this form three type-written pages. Accompanying his filing was a
petition and affidavit to proceed without prepayment of fees and/or costs. (ECF No. 2.)
Kedinger has consented to the full jurisdiction of a magistrate judge. (ECF No. 3.) The
court concludes that Kedinger lacks the financial resources to pay the filing fee in this
action, and therefore the petition (ECF No. 2) shall be granted. However, this action
shall be dismissed.
This is the fourth civil action Kedinger filed in this district in the last six months.
See 14-cv-00494-JPS Kedlinger v. State of Wisconsin et al.; 14-cv-00899-JPS Kedinger v. State

of Wisconsin et al.; 14-cv-01198-RTR Kedinger v. State of Wisconsin et al. Each of these prior
cases was promptly dismissed. In dismissing the first complaint, Judge Stadtmueller
referred to the plaintiff’s claims as “irrational and wholly insubstantial.” 14-cv-00494JPS Kedlinger v. State of Wisconsin et al. (E.D. Wis., May 7, 2014). Three months later,
Judge Stadtmueller stated “the complaint makes absolutely no sense. It is a rant of
disjointed statements regarding records, hearings, evidence, schizophrenia, and
sorcerers.” 14-cv-00899-JPS Kedinger v. State of Wisconsin et al. (E.D. Wis., Aug. 6, 2014).
Most-recently, Judge Randa dismissed another complaint earlier this month, concluding
that just like the two actions dismissed by Judge Stadtmueller, “this action is wholly
irrational and must be dismissed as frivolous.” 14-cv-01198-RTR Kedinger v. State of
Wisconsin et al. (E.D. Wis. Oct. 7, 2014). It appears that much of the typed portion of
Kedinger’s present complaint is identical to that which he submitted in his most-recent
action before Judge Randa and there is much overlap between the two prior complaints
that were before Judge Stadtmueller.
Having thoroughly and independently reviewed Kedinger’s present complaint,
the court concludes that it is frivolous and, therefore, pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i) must be dismissed. Kedinger has failed to present any coherent
cognizable claim against any person or entity identified as a defendant in this action. In
short, the complaint is incomprehensible.

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The court further certifies in accordance with 28 U.S.C. § 1915(a)(3) that any
appeal in this matter would not be taken in good faith. Walker v. O'Brien, 216 F.3d 626,
632 (7th Cir. 2000); Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). No reasonable
person could suppose this matter to have any merit.
IT IS THEREFORE ORDERED that the petition and affidavit to proceed
without prepayment of fees and/or costs is granted.
IT IS FURTHER ORDERED that the complaint and this action are hereby
dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The Clerk shall enter judgment
accordingly.
Dated at Milwaukee, Wisconsin this 30th day of October, 2014.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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